Current through Register Vol. 35, No. 11, June 11, 2024
Section 7.1.2.33 - REPORT AND RECOMMENDATION OF HEARING OFFICERA. Hearing officer's report shall contain: a statement of the issues raised at the hearing; findings of fact and conclusions of law, applying law and regulations to the facts. Findings of fact shall be based on the evidence presented at the hearing or known to all parties, including matters officially noticed; and recommended determination.B. Submission for final decision: the hearing officer's report together with the full hearing record shall be submitted to the secretary of the New Mexico department of health for a final determination. The report and recommendation shall be submitted within thirty (30) working days after expiration of the time set for submittal of the last post hearing submission of requested findings and conclusions, arguments or briefs.C. Optional announcement of decision: at the close of the hearing, the hearing officer may announce his decision and request that the parties prepare appropriate post hearing submissions, including a decision for approval by the hearing officer. The hearing officer's oral and written decision is a recommendation to the secretary of the New Mexico department of health and is not a final order.7.1.2.33 NMAC - Rp, 7 NMAC 1.2.222, 12/15/09